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French lawyer wins royalty payments case for 180 J'can artistes
Basil Walters, Observer staff reporter
Friday, July 29, 2005

HARRIOTT. played a role in getting some artistes included in the landmark settlement

A French lawyer who specialises in copyright issues has won more than euro1 million in royalties for 180 Jamaican artistes from two collection agencies that represent musicians in France.

News of the settlements between attorney Andre R Bertrand and ADAMI and SPEDIDAM was reported in the June 30 edition of French newspaper Le Monde.

"This sum is paid in lieu of the equitable remunerations due and payable to the Jamaicans featured for the broadcast of their recordings in France during the past several years," Le Monde reported. "Thus, the money allocated to each artiste under the settlement takes into account the number of albums and/or tracks recorded that have been exploited in France over these years."

According to the newspaper, the process, which ended on June 28 this year, lasted for three years and six months and the money represents uncollected royalties for the past 12 years.

The names of the artistes who will benefit from the agreement were withheld, as certain details of the settlement remain confidential. However, Splash was reliably informed that the bulk of the beneficiaries are the trailblazers of Jamaica's popular music.

Since the early 1960s when Millie Small sold more than seven million copies of My Boy Lollipop, major record labels have been making millions of dollars from the sale of Jamaican music.

But most of Jamaica's pioneer artistes have constantly complained that they were never properly compensated for their works, and some have even charged that they were blatantly exploited.

Derrick Harriott, himself a pioneer recording artiste with a huge fan base in France, welcomed news of the settlement.
"It's a good thing," exclaimed Harriott, who said he was instrumental in getting some artistes included in the landmark settlement. "That is only a taste of what is to come."
He also said that he had made arrangements to collect all royalties due to him in France.

The settlements gained by Bertrand come two months after a French court awarded judgements against French record company Culture Press in cases against Jamaican singers Max Romeo and Winston McAnuff and Jamaican producer Bunny Lee.

Culture Press was found guilty of manufacturing the trio's products without their consent.

The record company had to pay euro60,000 in damages to Max Romeo, euro50,000 to Bunny Lee, but Lee had to reimburse euro47,889 in advances he had received, while Winston Mc Anuff, better known as the Electric Dread, was to receive euro15,000.

With the French settlement now under his belt, Bertrand has set his sights on other European collection societies, Le Monde also reported. The newspaper did not give details of that plan.

Last November, Bertrand got a court to stop the sale of a Bob Marley Live in France Trojan DVD after it was discovered that the surviving members of Marley's band, The Wailers, were not receiving any money from the DVD's sale.

"That is a victory for us, because it creates a precedence in France, and the French market is much larger than the British market," Bertrand had told New Nation, a British black newspaper, after the judgement was handed down.

"Every day I am discovering more reggae albums which have been licensed without the artistes or producers knowing about it."

Harriott, in his interview with Splash, praised Bertrand's efforts. "He has made a whole lot of people pay up," said Harriott.


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